Intel Adds To Supreme Court's Fintiv Petitions

By Tiffany Hu (December 16, 2021, 5:51 PM EST) -- Intel Corp. is the latest to join the chorus of calls for the U.S. Supreme Court to review the Patent Trial and Appeal Board's practice of denying patent challenges due to looming trials in district court, warning that the "consequences for the patent system have already been profound."

In a Dec. 13 petition docketed Wednesday, Intel said that the Federal Circuit has wrongly refused to take up appeals challenging the so-called NHK-Fintiv rule, which is based on precedent that lets PTAB judges refuse to institute patent reviews based on the timing of co-pending litigation. Apple and Mylan have filed their own...

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